EXHIBIT 11-B

 

DRAFT

           MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)

 

                                           FINDINGS of APPROVAL

 

CONSIDERATION OF APPLICATION TO AMEND CAL-AM WATER DISTRIBUTION SYSTEM (Rancho Del Monte Unit, formerly known as “Water West”) TO ANNEX LA MONT PARCEL; APN 187-021-034

 

Adopted by MPWMD Board on October 16, 2006

 

Unless otherwise noted, all evidence is on file and available for public review at the District office, 5 Harris Court, Bldg. G, Monterey (Ryan Ranch)

 

It is hereby found and determined as follows:

 

1.         FINDING:            Applicant California American Water (Cal-Am) is the owner of the Cal-Am water distribution system (WDS), a regulated public utility.  Co-applicant Lombardo & Gilles is attorney for Lavielle La Mont and Loni Ison, co-owners of property (APN 187-021-034) located on Country Club Heights Road in Carmel Valley.  The La Mont parcel is 20 acres in size and is currently undeveloped.  An estimated three acres of parcel APN 187-021-034 are currently within the Rancho Del Monte Unit (RDMU, formerly called “Water West”) of the Cal-Am system.    The California Public Utilities Commission (CPUC) has indicated that there is no prohibition for annexing the remainder of a legal parcel into the RDMU system if a part of a parcel is already within the water system.

 

EVIDENCE:         Application #20060705PAG received July 5, 2006, site map and supporting application materials and correspondence.  Database of Monterey County Assessors parcels and ownership.   Letter from Fred L. Curry, Water Division (CPUC) to MPWMD dated January 11, 2000.

 

2.                  FINDING:            Water availability within the RDMU was the subject of litigation in Monterey County Superior Court (Currier vs. MPWMD, Case #M59299).  Court documents refer to the system as “Water West.”  The Currier decision set aside 12.76 acre-feet per year (AFY) to be used for new construction and remodels in the Water West system until that quantity is fully assigned.  As of September 30, 2006, 7.267 AFY are available according to the MPWMD Water Demand Division.  There is no evidence that the Currier ruling prohibits annexation of property into the Water West system. 

 

            EVIDENCE:         Currier vs. MPWMD, Monterey County Superior Court Case #M59299.  Monthly MPWMD water availability report as of September 30, 2006. 

 

3.         FINDING:            Applicants have applied for a permit to amend the Cal-Am WDS boundary to annex the remaining estimated 17 acres of parcel APN 187-021-034 to enable construction of a single-family home within the boundaries of the 20-acre parcel, rather than being restricted to the three-acre portion that is presently within the RDMU service area.  Current County permits restrict home location to within the RDMU service area.

 

EVIDENCE:         Application #20060705PAG and supporting materials.  Monterey County Subdivision Committee Resolution #2007, Minor Subdivision No. 980343, Condition #23.

 

4.         FINDING:            No new or expanded wells are associated with this application.

 

EVIDENCE:         Application #20060705PAG and supporting materials.

 

5.         FINDING:            The application to amend the Cal-Am WDS, along with supporting materials, is in accordance with District Rules 21 and 22.

 

EVIDENCE:         Application #20060705PAG and supporting materials. MPWMD determination of complete application dated September 18, 2006. 

 

Required Findings (MPWMD Rule 22-B)

 

6.         FINDING:            The approval of the permit would not result duplication of water service as a portion of the subject property may already be served by Cal-Am. 

 

EVIDENCE:         Application materials including map of Cal-Am/RDMU service area with identified parcel location.  MPWMD Conditions of Approval for Permit #S06-04-L4, Condition #9. 

 

7.         FINDING:            The approval of the permit would not result in water importation or exportation to or from the District, respectively.

 

EVIDENCE:         The referenced parcel is located wholly within the MPWMD as shown on District boundary location maps on file at the District office.

 

8.         FINDING:            Approval of the application would not result in significant adverse impacts to the environment that cannot be mitigated by conditions attached to the permit.  The Carmel River flows year-round in the reach nearest the subject parcel, and the Cal-Am system is operated to preserve this upstream area of the river.  No measurable effect on the river environment is expected to occur due to approval of this annexation because no increase to the Cal-Am production limit would be allowed.  Also, the Superior Court has determined that water is available to lots in the RDMU service area.

 

EVIDENCE:         MPWMD streamflow records for Carmel Valley Alluvial Aquifer (CVAA) Subunit 2; Cal-Am hydraulic map of service area; quarterly Memoranda of Agreement (MOA) governing water production. State Water Resources Control Board (SWRCB) Order 95-10 limiting Carmel River diversions.   Cal-Am water consumption records for year 2004-2005.  Currier vs. MPWMD, Monterey County Superior Court Case #M59299.  Negative Declaration for Page-La Mont Subdivision filed October 4, 1999 and adopted March 9, 2006 by Monterey County for Minor Subdivision No. 980343, Resolution #2007.  MPWMD Permit #S06-04-L4, Condition #3, which does not increase existing Cal-Am water production limit and allows one service connection to the subject parcel, and Condition #8, which requires water conservation to reduce water use.

 

9.         FINDING:            The application adequately identifies the claim of right for the source of water supply and supplies supporting verification. The SWRCB has identified 3,376 AFY as the recognized Cal-Am right to divert water from the Carmel River, with in-basin consumers as having a high priority.

 

EVIDENCE:         Cal-Am water rights and state policies are described in detail in SWRCB Order WR 95-10 and Decision #1632, both issued in July 1995. 

 

10.       FINDING:            The application demonstrates existence of a long-term reliable source of water supply for the proposed uses.  Cal-Am is certified by the State Department of Health Services to deliver water to more than 39,000 customers.  See Finding 9 above for Cal-Am recognized water rights for in-basin users within Carmel River Basin. 

 

EVIDENCE:         Cal-Am water service and water quality records and evaluations on file at the State Department of Health Services, Monterey office.  SWRCB Order WR 95-10 and Decision #1632, both issued in July 1995. 

 

11.       FINDING:            The source of Cal-Am supply for the RDMU has been primarily wells that extract water from CVAA Subunit 2, though other sources are possible through integrated management of the Cal-Am system.  Though other CVAA subunits farther downstream are impacted by Cal-Am and other WDS, CVAA Subunit 2 is known to have reasonably good fish habitat and year-round water flow under nearly all conditions.  Thus, the cumulative effects of allowing water service for a home located anywhere on a 20-acre parcel rather than the home location confined to roughly a three-acre portion of the same parcel would not be expected to result in significant adverse impacts to the species and habitat dependent on those sources of supply.  See also Finding 8. 

           

EVIDENCE:         MPWMD streamflow records for CVAA Subunit 2; MPWMD fish habitat quality assessments; Cal-Am hydraulic map of service area; quarterly Memoranda of Agreement (MOA) governing water production. SWRCB Order 95-10 limiting Carmel River diversions.  Monterey County Negative Declaration for Page-La Mont Subdivision adopted March 9, 2000 for Minor Subdivision No. 980343, Resolution #2007.    MPWMD Permit #M06-04-L4, Condition #3 and Condition #8.

 

12.       FINDING:            The source of Cal-Am supply for the subject parcel is derived from the Monterey Peninsula Water Resources System.  The subject parcel does not overlie the CVAA, but water delivered by Cal-Am is derived from the CVAA. 

 

            EVIDENCE:         MPWMD map showing boundaries of Carmel Valley Alluvial Aquifer.

 

13.       FINDING:            Approval of the application would bring all of the subject parcel (rather than a portion) into the Cal-Am RDMU service area, including use of Cal-Am water for emergency fire protection. Temporary water service could be provided by trucked-in water pursuant to MPWMD Rule 173 if the Cal-Am system experienced a failure or other non-fire emergency situation.  No permanent intertie between the Cal-Am WDS and any other system is allowed. 

 

EVIDENCE:         Map of Cal-Am RDMU service area; MPWMD Permit #M06-04-L4 Conditions of Approval, Condition #12.

 

14.       FINDING:            No back-flow protection device to prevent contamination of the Cal-Am system is needed as Cal-Am will be the water purveyor. 

 

EVIDENCE:         Permit application #20060705PAG.  MPWMD Permit #M06-04-L4 Conditions of Approval, Condition #13.

                              

Minimum Standards for Granting a Permit (MPWMD Rule 22-C)

 

15.       FINDING:            The application adequately identifies the responsible party (system owner and operator) as California American Water.

 

EVIDENCE:         Permit application #20060705PAG.

 

16.       FINDING:            The application meets the definition of a “multiple-parcel connection system” and therefore must comply with California Title 22 water quality standards.  Cal-Am water meets Title 22 standards.

 

EVIDENCE:         Permit application #20060705PAG; State Department of Health Services records on file at its Monterey office. 

 

17.       FINDING:            The location of the source of supply for the water distribution system is known.  The primary Cal-Am water source for customers in the area of the subject parcel is wells extracting water the CVAA Subunit 2, as well as other sources within the integrated Cal-Am system.    

 

EVIDENCE:         Description of Cal-Am system available at Cal-Am office.  Quarterly MOA/water supply strategy and budget describing best management practices for sources of Cal-Am supply. 

 

18.       FINDING:            The Carmel River has been determined to be “fully appropriated” from May 1 through December 31 from a water rights perspective, and environmental effects to federally listed species exist.  However, the CVAA is not in a hydrologic state of overdraft, particularly in the area nearest to the subject parcel (CVAA Subunit 2), where year-round flow of the Carmel River occurs under nearly all conditions.   Thus, approval of the application would not create an overdraft or increase an existing overdraft of a groundwater basin.  Also, conditions of approval do not increase allowed Cal-Am production to serve the subject parcel.  See also Findings 8, 11 and 12.

 

            EVIDENCE:         See citations in Findings 8, 11 and 12.  MPWMD Permit #M06-04-L4, Condition #3.    SWRCB Order 98-08, November 19, 1998.

 

19.       FINDING:            The approval of the application would not adversely affect the ability of existing systems to provide water to users due to conditions of approval that do not allow increased production to serve the subject parcel.

 

            EVIDENCE:         MPWMD Permit #M06-04-L4, Condition #3. 

 

Compliance with CEQA

 

20.       FINDING:            In the review of this application, MPWMD has followed those guidelines adopted by the State of California and published in the California Administrative Code, Title 14, Section 15000 et seq.  Specifically, the MPWMD, as a Responsible Agency under CEQA for this action, has complied with Guidelines Section 15096. The MPWMD, as a Responsible Agency for this project, has considered the Negative Declaration filed on October 4, 1999 and adopted by Monterey County on March 9, 2000 for the approval of the Page-La Mont Subdivision for Minor Subdivision No. 980343, Resolution #2007.   Copies of the Negative Declaration and supporting Initial Study have been provided to MPWMD Board members for review prior to the public hearing on this matter.  The MPWMD Board has reviewed the environmental information and relied on the information as part of its decision-making on this matter. It is also noted that the application meets the criteria for a CEQA Exemption for Class 3, “New Construction or Conversion of Small Structures.” 

 

            EVIDENCE:         CEQA and CEQA Guidelines, Section 15096 and Section 15303.  Negative Declaration filed on October 4, 1999 and adopted by Monterey County on March 9, 2000 for approval of the Page-La Mont Subdivision for Minor Subdivision No. 980343, Resolution #2007.

 

 

 

 

U:\staff\word\boardpacket\2006\2006boardpackets\20061016\PubHrngs\11\item11_exh11b.doc

DRAFT prepared October 5, 2006 by H. Stern

Revised October 10, 2006 per DCL review